ASSEMBLY, No. 1444
STATE OF NEW JERSEY
INTRODUCED FEBRUARY 5, 1996
By Assemblyman GARCIA
An Act concerning the sale and possession of materials simulating drug paraphernalia and supplementing chapter 36 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this act, "material simulating drug paraphernalia" means any object which appears to be an object commonly used by persons engaged in the possession, sale, or use of a controlled dangerous substance, but which object is not commonly used for an illegal purpose. These materials shall include, but not be limited to, objects which have the appearance of hypodermic needles or syringes, whether or not such objects have another useful purpose, such as a writing device.
b. A person who sells, attempts to sell, gives, transfers, or otherwise disposes of material simulating drug paraphernalia to a person who is under 18 years of age shall be guilty of a crime of the fourth degree. The establishment of all of the following facts, however, shall constitute a defense to any prosecution therefor: (1) the purchaser or transferee falsely represented his age by producing a driver's license bearing a photograph of the licensee, or by producing a photographic identification card issued pursuant to section 1 of P.L.1968, c.313 (C.33:1-81.2) or by producing a similar card issued pursuant to the laws of another State or the federal government purporting to be a valid identification card indicating that he was 18 years of age or older; (2) the appearance of the purchaser was such that an ordinary prudent person would believe him to be 18 years of age or older; and (3) the sale or transfer was made in good faith relying upon the indicators of age listed in paragraphs (1) and (2) of this subsection.
c. A person who knowingly possesses any material simulating drug paraphernalia while in or upon any part of the buildings or grounds of any school or school property used for school purposes which is owned by or leased to any elementary or secondary school or school board is guilty of a crime of the fourth degree.
2. This act shall take effect immediately.
STATEMENT
This bill establishes the sale of materials simulating drug paraphernalia to persons under the age of 18 years as a crime of the fourth degree. It also prohibits the possession of materials simulating drug paraphernalia by any person on school property. The bill defines material simulating drug paraphernalia to mean those materials which look like objects used to engage in illegal drugs, but which in fact are not. The term would include syringe pens, devices which have recently begun appearing in the public schools. A person convicted of possessing materials simulating drug paraphernalia on school property would be guilty of a crime of the fourth degree.
Although the bill affords no exceptions to the prohibition against possessing material simulating drug paraphernalia on school property, it does provide an affirmative defense for persons charged with selling or transferring material simulating drug paraphernalia to persons under the age of 18 years. The defense applies to a person who in good faith unknowingly sells material simulating drug paraphernalia to an underage person because that person looked to be 18 years or older and displayed a seemingly valid form of photographic identification.
Prohibiting the sale and possession of materials simulating drug paraphernalia by young people is necessary. These devices, by virtue of their construction, pose a physical danger to children. Even more perniciously, they afford impressionable juveniles an opportunity to model the anti-social and self-destructive behavior of those who use illegal narcotics.
Prohibits sale of materials simulating drug paraphernalia to persons under 18.